AMENDMENT NO. 1 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
RDG ART STUDIO
FOR
THE DESIGN, FABRICATION AND INSTALLATION OF A PUBLIC ART WORK
FOR CENTRAL PARK
THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and RDG IA Inc., dba RDG ART STUDIO, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated December 8, 2020, entitled "Professional Services Contract Between the City of Huntington Beach and RDG Art Studio for The Design, Fabrication and Installation of a Public Art Work for Central Park" which agreement shall hereinafter be referred to as the "Original Agreement"; and
City and Consultant wish to amend the Original Agreement to amended the Scope of Service, increase the amount of compensation to be paid to Consultant, and add additional Hold Harmless language.
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. SCOPE OF SERVICE
Section 1 entitled SCOPE OF SERVICE of "Original Agreement" is hereby amended to include Sculpture Edging Design, Fabrication and installation.
ADDITIONAL COMPENSATION
Section 4 entitled COMPENSATION of the "Original Agreement" is hereby amended as follows:
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In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Thirty Five Thousand Dollars ($35,000.00). The additional sum shall be added to the original sum of Three Hundred Thousand Dollars ($300,000.00), for a new contract amount not to exceed Three Hundred Thirty Five Thousand Dollars ($335,000.00).
HOLD HARMLESS
Section 8 entitled HOLD HARMLESS of the "Original Agreement" is hereby amended to include the following language:
"The City of Huntington Beach, California will accept liability of both public art sculptures ("Sculptures") when they are positioned, and are securely fastened to the footing. Any damage to the Sculptures from positioning until City final acceptance (including damages caused by the company installing the base) remains the responsibility of the City.
REAFFIRMATION
Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. 23-12403/301413 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 2022.
CONSULTANT,
CITY OF HUNTINGTON BEACH, a
RDG IA Inc d/b/a RDG Planning & Design municipal corporation of the State of Art Studio California
COMPANY NAME
a Corporation
Mayor
By:
City Clerk
print name
ITS: (circle one) Chairman/President/Vice President INITIATED AND APPROVED:
AND
Director of Community Services
By:_
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst. REVIEWED AND APPROVED:
Secretary - Treasurer
City Manager
APPROVED AS TO FORM:
City Attorney Ul
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